PEACE PRESERVATION ORDINANCE, 1886
Title
PEACE PRESERVATION ORDINANCE, 1886
Description
No. 10 of 1886.
To make provision for the Preservation of the Public Peace.
[2nd June, 1886.]
1. The Peace Preservation Ordinance, 1886.
PART I.
SPeciaL CONSTABLES,
2. Whenever it appears to the Governor that any tumult or riot
has taken place or may be reasonably apprehended, and that the
ordinary officers appointed for preserving the peace are not sufficient
therefor, it shall bc lawful for the Governor to authorise any Magis-
trate to sumnion, by writing in the form 1 in the Ist schedule,
before him, any number of persons resident or being then within
the Colony, then and there to be appointed and to act as special
constables so long as the sald authority remains in force : Provided
that it shall be, lawful for the said Magistrate, if it appears to him,
upon the oath of any person, that there is good and sufficient cause
to believe that any person intended to be appointed a special
constable is concealing himself in order to avoid service of the
summons or that he is likely to disobey the same, to issue a warrant,
in the form 12 in the 1st schedule , in the first instance, for the
purpose of bringing before him such person so to be appointed.
3. Every special constable shall have the same powers for the
preservation of the peace, the prevention of offences, the appreben-
sion of offenders, and for all other purposes, and the same privileges,
protection, and immunities, as the members of the police force,
except as to pay and pension or other reward, and shall be subject
to the orders of the Governor, the Magistrates, the Captain Super-
intendent of Police, and any one or more Justices of the Peace who
sball be authorised by the Governor to act in that behalf.
4. Any person required to serve as a special constable under this
Ordinance who refuses or otherwise omits, without reasonable ex-
cuse, to appear as a special constable shall, on summary conviction,
be liable to a fine not exceeding 100 dollars, and to imprisonment
for any term not exceeding 22 months.
5. Any person so appointed a special constable, and called upon
to serve, who, without reasonable excuse, refuses or neglect to serve
and to obey such lawful orders and directions as may be given to
him for the performance of the duties of his office, as provided in
section 3, shall, on summary conviction, be liable to a finc not
exceeding 100 dollars, and to imprisonment for any term not exceed-
ing 2 months : Provided always that no person shall be subject to
any penalty under this section who is unable to perform the duties
of a special constable, by reason of old age, sickness, or other in
firmity, proved to the satisfaction of Magistreate.
Part 2
PROCLAMMATION OF THE PEACE
6. Whenever it appears to be necessaryfor the preservation of
the public peace, it shall be lawful for the Governor-in-Council to
declare, by proclamation, that the Colony shall be Subject to the
following,provisions of this OrdInance ; and every such proclamation
shall remain in force until cncelled by Government notification.
7.-(1.) Whenever and wherever the peace is being broken during
thecontinuactie of any such proclamation, it shall be lawful for the
Governor, on the Colonial Secretary, or any Justice of the Peace to
call upon all bystanders and persons in the vicinity to give their aid
in preserving the peace and in apprehending persons breaking the
peace.
(2) Ever person who, without lawful excuse, refuses or omits to
give such aid shall, on summary conviction, be liable to a fine not
exceeding 50 dollars, or to imprisonment of or any term not exceed-
ing 3 months.
8,-(1) Whenever any persons are found, during the continuance
of Such proclamation, unlawfully. riotousiy, or tumultusouly assem-
bled to the disturbance of the, peace and to the terror of His
As amended 1)v No. 30 of lgi 1. ai,d 'No. 21 of 1q12.
As'llilell(le(l f),, '\o. 62 of 1911, ',o. W3 of 1911, No. 21 of
and ',\o. 22 ,f 1M,
As airipn(leel b.y30 of 1911, '.\,o. 63 of 1911 and No. 21 of 1912.
(1 by No. SO of 1911, No. 5( of 1911, No. 51 of 1911,
As arnencle
X (. 6.~ c)11M1 and No. 21 of 1912.
Majesty's subjects, any Justice of the Peace may, in an audible
voice, warn such persons that they are acting in contravention of
the law, and require them to disperse and depart to their habitations
or to their lawful business.
(2) All persons remaining so assembled after such warning, may
be dispersed and taken into custody by any officer of police or special
constable, or by any other person acting under the orders of a
Justice of the Peace, and shall, on summary conviction, be liable to
a, fine not exceeding 50 dollars, or to imprisonment for any term not
exceeding 3 months.
(3) If any person so warned to disperse is hurt, maimed, or
killed in the dispersing, seizing, or apprehending or the endeavour-
ing to disperse, seize, apprehend, the persons hurting , maiming
or killing him shall be free, discharged, and indemnified from the
consequences, except on evidence of gross carelessness, wantonness,
or malice.
9, It shall be lawful for any Justice of the Peace, acting under
the powers prescribed by section 3, to enter, with or without a
written warrant and with or without assistance, and to authorise
any officer of police or special constable to enter, with or without a
written warrant and with or without assistance , and using in either
case force, if necessary into any dwelling house or other building,
and into any place in which he may suspect that any arms or in-
struments or ammunition may be, contrary to the provisions of the
arm and ammunition ordinance , 1900, and such arms and instru-
ments or ammunition may be seized and confiscated .
[s.10, rep. no. 52 of 1911.]
11. During the continuance of any such proclamation any Justice
of the Peace may enter, with or without assistance, or may order
any officer of place or special constable, or person to enter,
without a warrant and with or with assistance, using force, in
either case, if necessary , into any dwelling house or other building,
or into any place into which he may have reasonable cause to suspect
that persons lately riotously assembled or engaged on any unlawful
purpose have made their escape, or in which he may have reason-
able. cause to suspect that persons about to break the peace are
assembled, and may apprehend and take into custody the said
persons; and every person so arrested may be detained until he can
be conveniently brought before a Magistrate to be dealt with according
to law.
12. Every person who, during the continuance of any such proclamation,-
(1) unlawfully combines to procure a stoppage of the sale or
transit from place to place of provisions or other articles; or
(2) unlawfully combines to procure shopkeepers, dealers, or other
persons to discontinue the sale or transit from place to place of
provisions or other articles; or
(3) prevents or endeavours to prevent any person from purchasing
or from being supplied with any such articles,
shall, on summary conviction, be liable to a fine not exceeding 50
dollars, and to imprisonment for any term not exceeding 3 months.
12a.-(1) Notwithstanding anything in any other Ordinance to
the contrary, every male person who during the continuance of any
proclamation under this Ordinance, commits any offence against
any of the enactments mentioned in the 2nd schedule shall, in
addition to any other punishment by law provided, be liable on
conviction, whether on indictment or summarily, to be flogged.
(2) In all cases where the punishment of flogging is awarded
under this section the following provisions shall have effect:-
(i) The sentence shall prescribe the number of strokes to be
inflicted.
(ii) The number of strokes shall not exceed 24 in the case of an
offender whose age exceeds 16 years, or 12 in the case of an offender
whose age does not exceed 16 years.
(iii) The instrument used in the case of an offender whose age
exceeds 16 years shall be the instrument commonly known as the
'cat' or else the birch as the Court or Magistrate may specify in
in the sentence, and in the case of an offender whose age does not
exceed 16 years it shall be the birth.
(iv) The flogging shall be inflicted in prison and within 6
months of the sentence.
PART III.
MISCELLANEOUS PROVISIONS.
[s. 13, rep. No. 9 of 1912 s. 13.]
14. No person acting in good faith under the provisions of this
Ordinance shall be liable in damages or otherwise for any act done
by him in pursuance of the obligation and duty imposed. or reason-
ably supposed to be imposed, on him by this Ordinance.
FIRST SCHEDULE.
FROM NO. 1.
Summons.
[s. 2.]
To
WHEREAS His Excellency the Govenor has authorised the appointment of special con-
stables in this Coloily, and whercas you. are appointed to be a special constable in this
Colony : This is therefore, to require you to attend at the Police Court in this Colony
instanter, [or at o'clock on day, the day of ,19 ,]
there to be enrolled as a special constable, under the Peace Preservation Ordinance,
1886; and herein fail not.
Given at this day of 19.
(Signed.) Magistrate.
FORM NO. 2. [s.2.]
Warrant.
To Captain Suprintendent of Police and all Police Officers.
WHEREAS His Excellency the Governor has authorised the appointment of special
constables in this Colony, and whereas A.B. has been appointed to be a special constable
in the Colony: This is therefore to require you to bring before a Magistrate
the said A. B. instanter [or as the case may be] to be enrolled as a special constable,
under the Peace Preservation Ordinance, 1886.
Given at this day of ,19.
(Signed.) Magistrate.
SECOND SCHEDULE.
[s. 12A.]
The Summary Offences Ordinance 1845 (No. 1 of 1845) section 3 (13).
The Victoria (Lighting) Ordimmee 1856 (No. 3 of 1856) section 5.
The Offence against the Person Ordinance 1865 (No. 2 of 1865) sections 5, 10,
11, 12, 13, 14, 15, 17, 19, 20, 21, 22, 2, 27, 28, 29, 30, 30A, 34, 85, 36, 37,
88, 42, 43, 55.
The Larceny Ordinance 1865 (No, 5 of 1865) sections 29, 30, 31, 32, 33, 88, 39,
40, 42, 43, 44, 45, 46, 47, 49.
As amended by No. 52 of 1011 and No. 21 of 1912.
AS amended by No. 52 of 1911.
The Malicious Daninge Ordinance 1865 (No. 6 of 1865) sections 2, 3, 4, 5, 6, 7, 8,
9, 10, 11, 12, 13, 15, 19. 20, 21, 25, 27, 27A, 28, 29, 3O, 33, 35, 36, 37, 41,
42, 43, 44, 45.
The Suppression of Piracy Ordinance 1868 (No. 1 of 1808)SECTIONS 2,3,4,5,6.
The Public Places Regulation Ordinance 1870 (No 2 of 1870) section 2.
The Peace Preservation Ordinance 1886 (No. 10 of 1886) sections 8, 12.
The Arms and Ammunition Ordinance 1900 (No. 2 of 1900) sections 4, 23.
The Police Force Ordinance 1900 (No 11 of 1900) section 31.
The Tramway Ordinance 1902 (No. 10 of 1902) section 58.
Short title. Power to Governor to appoint special constables in case of tumult, etc. [1 & 2 Will. 4 c. 41 s.1.] Powers of special constable. [ib.s.5.] Punishment for refusing to appear as special constable. [ib.s.7.] Punishment for refusing to act as special constable. [1 & 2 Will. 4 c. 41 s. 8.] Power to Governor-in-Council to issue proclamation. Power to call for assistance from by standers. Dispersion of riotous assembly. Carrying arms, etc. [No. 2 of 1900.] Power to enter house and to arrest persons. Combination to stop trade. Flogging for offences during continuance of proclamation. Indemnity to person acting under the Ordinance.
To make provision for the Preservation of the Public Peace.
[2nd June, 1886.]
1. The Peace Preservation Ordinance, 1886.
PART I.
SPeciaL CONSTABLES,
2. Whenever it appears to the Governor that any tumult or riot
has taken place or may be reasonably apprehended, and that the
ordinary officers appointed for preserving the peace are not sufficient
therefor, it shall bc lawful for the Governor to authorise any Magis-
trate to sumnion, by writing in the form 1 in the Ist schedule,
before him, any number of persons resident or being then within
the Colony, then and there to be appointed and to act as special
constables so long as the sald authority remains in force : Provided
that it shall be, lawful for the said Magistrate, if it appears to him,
upon the oath of any person, that there is good and sufficient cause
to believe that any person intended to be appointed a special
constable is concealing himself in order to avoid service of the
summons or that he is likely to disobey the same, to issue a warrant,
in the form 12 in the 1st schedule , in the first instance, for the
purpose of bringing before him such person so to be appointed.
3. Every special constable shall have the same powers for the
preservation of the peace, the prevention of offences, the appreben-
sion of offenders, and for all other purposes, and the same privileges,
protection, and immunities, as the members of the police force,
except as to pay and pension or other reward, and shall be subject
to the orders of the Governor, the Magistrates, the Captain Super-
intendent of Police, and any one or more Justices of the Peace who
sball be authorised by the Governor to act in that behalf.
4. Any person required to serve as a special constable under this
Ordinance who refuses or otherwise omits, without reasonable ex-
cuse, to appear as a special constable shall, on summary conviction,
be liable to a fine not exceeding 100 dollars, and to imprisonment
for any term not exceeding 22 months.
5. Any person so appointed a special constable, and called upon
to serve, who, without reasonable excuse, refuses or neglect to serve
and to obey such lawful orders and directions as may be given to
him for the performance of the duties of his office, as provided in
section 3, shall, on summary conviction, be liable to a finc not
exceeding 100 dollars, and to imprisonment for any term not exceed-
ing 2 months : Provided always that no person shall be subject to
any penalty under this section who is unable to perform the duties
of a special constable, by reason of old age, sickness, or other in
firmity, proved to the satisfaction of Magistreate.
Part 2
PROCLAMMATION OF THE PEACE
6. Whenever it appears to be necessaryfor the preservation of
the public peace, it shall be lawful for the Governor-in-Council to
declare, by proclamation, that the Colony shall be Subject to the
following,provisions of this OrdInance ; and every such proclamation
shall remain in force until cncelled by Government notification.
7.-(1.) Whenever and wherever the peace is being broken during
thecontinuactie of any such proclamation, it shall be lawful for the
Governor, on the Colonial Secretary, or any Justice of the Peace to
call upon all bystanders and persons in the vicinity to give their aid
in preserving the peace and in apprehending persons breaking the
peace.
(2) Ever person who, without lawful excuse, refuses or omits to
give such aid shall, on summary conviction, be liable to a fine not
exceeding 50 dollars, or to imprisonment of or any term not exceed-
ing 3 months.
8,-(1) Whenever any persons are found, during the continuance
of Such proclamation, unlawfully. riotousiy, or tumultusouly assem-
bled to the disturbance of the, peace and to the terror of His
As amended 1)v No. 30 of lgi 1. ai,d 'No. 21 of 1q12.
As'llilell(le(l f),, '\o. 62 of 1911, ',o. W3 of 1911, No. 21 of
and ',\o. 22 ,f 1M,
As airipn(leel b.y30 of 1911, '.\,o. 63 of 1911 and No. 21 of 1912.
(1 by No. SO of 1911, No. 5( of 1911, No. 51 of 1911,
As arnencle
X (. 6.~ c)11M1 and No. 21 of 1912.
Majesty's subjects, any Justice of the Peace may, in an audible
voice, warn such persons that they are acting in contravention of
the law, and require them to disperse and depart to their habitations
or to their lawful business.
(2) All persons remaining so assembled after such warning, may
be dispersed and taken into custody by any officer of police or special
constable, or by any other person acting under the orders of a
Justice of the Peace, and shall, on summary conviction, be liable to
a, fine not exceeding 50 dollars, or to imprisonment for any term not
exceeding 3 months.
(3) If any person so warned to disperse is hurt, maimed, or
killed in the dispersing, seizing, or apprehending or the endeavour-
ing to disperse, seize, apprehend, the persons hurting , maiming
or killing him shall be free, discharged, and indemnified from the
consequences, except on evidence of gross carelessness, wantonness,
or malice.
9, It shall be lawful for any Justice of the Peace, acting under
the powers prescribed by section 3, to enter, with or without a
written warrant and with or without assistance, and to authorise
any officer of police or special constable to enter, with or without a
written warrant and with or without assistance , and using in either
case force, if necessary into any dwelling house or other building,
and into any place in which he may suspect that any arms or in-
struments or ammunition may be, contrary to the provisions of the
arm and ammunition ordinance , 1900, and such arms and instru-
ments or ammunition may be seized and confiscated .
[s.10, rep. no. 52 of 1911.]
11. During the continuance of any such proclamation any Justice
of the Peace may enter, with or without assistance, or may order
any officer of place or special constable, or person to enter,
without a warrant and with or with assistance, using force, in
either case, if necessary , into any dwelling house or other building,
or into any place into which he may have reasonable cause to suspect
that persons lately riotously assembled or engaged on any unlawful
purpose have made their escape, or in which he may have reason-
able. cause to suspect that persons about to break the peace are
assembled, and may apprehend and take into custody the said
persons; and every person so arrested may be detained until he can
be conveniently brought before a Magistrate to be dealt with according
to law.
12. Every person who, during the continuance of any such proclamation,-
(1) unlawfully combines to procure a stoppage of the sale or
transit from place to place of provisions or other articles; or
(2) unlawfully combines to procure shopkeepers, dealers, or other
persons to discontinue the sale or transit from place to place of
provisions or other articles; or
(3) prevents or endeavours to prevent any person from purchasing
or from being supplied with any such articles,
shall, on summary conviction, be liable to a fine not exceeding 50
dollars, and to imprisonment for any term not exceeding 3 months.
12a.-(1) Notwithstanding anything in any other Ordinance to
the contrary, every male person who during the continuance of any
proclamation under this Ordinance, commits any offence against
any of the enactments mentioned in the 2nd schedule shall, in
addition to any other punishment by law provided, be liable on
conviction, whether on indictment or summarily, to be flogged.
(2) In all cases where the punishment of flogging is awarded
under this section the following provisions shall have effect:-
(i) The sentence shall prescribe the number of strokes to be
inflicted.
(ii) The number of strokes shall not exceed 24 in the case of an
offender whose age exceeds 16 years, or 12 in the case of an offender
whose age does not exceed 16 years.
(iii) The instrument used in the case of an offender whose age
exceeds 16 years shall be the instrument commonly known as the
'cat' or else the birch as the Court or Magistrate may specify in
in the sentence, and in the case of an offender whose age does not
exceed 16 years it shall be the birth.
(iv) The flogging shall be inflicted in prison and within 6
months of the sentence.
PART III.
MISCELLANEOUS PROVISIONS.
[s. 13, rep. No. 9 of 1912 s. 13.]
14. No person acting in good faith under the provisions of this
Ordinance shall be liable in damages or otherwise for any act done
by him in pursuance of the obligation and duty imposed. or reason-
ably supposed to be imposed, on him by this Ordinance.
FIRST SCHEDULE.
FROM NO. 1.
Summons.
[s. 2.]
To
WHEREAS His Excellency the Govenor has authorised the appointment of special con-
stables in this Coloily, and whercas you. are appointed to be a special constable in this
Colony : This is therefore, to require you to attend at the Police Court in this Colony
instanter, [or at o'clock on day, the day of ,19 ,]
there to be enrolled as a special constable, under the Peace Preservation Ordinance,
1886; and herein fail not.
Given at this day of 19.
(Signed.) Magistrate.
FORM NO. 2. [s.2.]
Warrant.
To Captain Suprintendent of Police and all Police Officers.
WHEREAS His Excellency the Governor has authorised the appointment of special
constables in this Colony, and whereas A.B. has been appointed to be a special constable
in the Colony: This is therefore to require you to bring before a Magistrate
the said A. B. instanter [or as the case may be] to be enrolled as a special constable,
under the Peace Preservation Ordinance, 1886.
Given at this day of ,19.
(Signed.) Magistrate.
SECOND SCHEDULE.
[s. 12A.]
The Summary Offences Ordinance 1845 (No. 1 of 1845) section 3 (13).
The Victoria (Lighting) Ordimmee 1856 (No. 3 of 1856) section 5.
The Offence against the Person Ordinance 1865 (No. 2 of 1865) sections 5, 10,
11, 12, 13, 14, 15, 17, 19, 20, 21, 22, 2, 27, 28, 29, 30, 30A, 34, 85, 36, 37,
88, 42, 43, 55.
The Larceny Ordinance 1865 (No, 5 of 1865) sections 29, 30, 31, 32, 33, 88, 39,
40, 42, 43, 44, 45, 46, 47, 49.
As amended by No. 52 of 1011 and No. 21 of 1912.
AS amended by No. 52 of 1911.
The Malicious Daninge Ordinance 1865 (No. 6 of 1865) sections 2, 3, 4, 5, 6, 7, 8,
9, 10, 11, 12, 13, 15, 19. 20, 21, 25, 27, 27A, 28, 29, 3O, 33, 35, 36, 37, 41,
42, 43, 44, 45.
The Suppression of Piracy Ordinance 1868 (No. 1 of 1808)SECTIONS 2,3,4,5,6.
The Public Places Regulation Ordinance 1870 (No 2 of 1870) section 2.
The Peace Preservation Ordinance 1886 (No. 10 of 1886) sections 8, 12.
The Arms and Ammunition Ordinance 1900 (No. 2 of 1900) sections 4, 23.
The Police Force Ordinance 1900 (No 11 of 1900) section 31.
The Tramway Ordinance 1902 (No. 10 of 1902) section 58.
Short title. Power to Governor to appoint special constables in case of tumult, etc. [1 & 2 Will. 4 c. 41 s.1.] Powers of special constable. [ib.s.5.] Punishment for refusing to appear as special constable. [ib.s.7.] Punishment for refusing to act as special constable. [1 & 2 Will. 4 c. 41 s. 8.] Power to Governor-in-Council to issue proclamation. Power to call for assistance from by standers. Dispersion of riotous assembly. Carrying arms, etc. [No. 2 of 1900.] Power to enter house and to arrest persons. Combination to stop trade. Flogging for offences during continuance of proclamation. Indemnity to person acting under the Ordinance.
Abstract
Short title. Power to Governor to appoint special constables in case of tumult, etc. [1 & 2 Will. 4 c. 41 s.1.] Powers of special constable. [ib.s.5.] Punishment for refusing to appear as special constable. [ib.s.7.] Punishment for refusing to act as special constable. [1 & 2 Will. 4 c. 41 s. 8.] Power to Governor-in-Council to issue proclamation. Power to call for assistance from by standers. Dispersion of riotous assembly. Carrying arms, etc. [No. 2 of 1900.] Power to enter house and to arrest persons. Combination to stop trade. Flogging for offences during continuance of proclamation. Indemnity to person acting under the Ordinance.
Identifier
https://oelawhk.lib.hku.hk/items/show/827
Edition
1912
Volume
v1
Subsequent Cap No.
245
Cap / Ordinance No.
No. 10 of 1886
Number of Pages
6
Files
Collection
Historical Laws of Hong Kong Online
Citation
“PEACE PRESERVATION ORDINANCE, 1886,” Historical Laws of Hong Kong Online, accessed November 22, 2024, https://oelawhk.lib.hku.hk/items/show/827.
